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Criminal Miscellaneous No. 710/B of 1973, decided on 14th March 1973.

‑-S. 497‑‑Bail‑Only evidence against accused: (i) deceased last seen alive in accused's company; (ii) extra‑judicial confession Persons confessed to‑Not men of importance and belonging to another village‑No reason for accused to confess before persons of no help to them particularly in view of deceased having hanged himself with a rope and committed suicide, as apparent‑ from circumstances‑Case, held, covered by subsection (2) of S. 497 Accused released on bail.

Muhammad Rashid Chughtai for Petitioners.

Sh. Muhammad Usman for the State.

This is an application 'for grant of bail by Ghulam Muhammad, Sher and Yaqub under section 497/498, Cr. P. C. They are accused of an offence under section 302/34, P. P. C. for the murder of Nazir Ahmad (deceased) vide F. I. R. No. 12l/7l dated 15‑8‑1972. According to the F. I. R. lodged by Muhammad Nawaz, the brother of the deceased that one Abdur Rehman raised a noise whereupon he along with some others rushed up to him. Abdur Rehman informed them that the dead body of Nazir Ahmad (deceased) was hanging from a rope. The complainant acid his companions went with him to the river bank and saw that Nazir Ahmad was hanging from a tree with a noose, around his neck. At the end of the F. I. R. the complainant has mentioned that he has strong suspicion against Ghulam Muhammad Sher and Yaqub petitioners and one Yousuf son of Sher. According to the petitioners they have been arrested and are under detention for the last seven months merely on suspicion, without there being any proof against them. I issued notice to the State and directed that the Investigating Officer should be present on the next date of hearing. The latter is present today and has submitted that the only evidence against the petitioners is that one witness has stated that he had seen the deceased alive in the company of the petitioners, earlier in the day. Moreover, the petitioners had made an extra‑judicial confession to Waryam and Fazil P. Ws. on the very day on which the F. I. R. was lodged. He has admitted that these two persons are not men of any importance and belong to another village.

2. The learned counsel for the petitioners argued that if the petitioners had taken the trouble to conceal their guilt by making it appear that the deceased had hanged himself with a rope and had committed suicide, there was no earthly reason for them to have gone and made a clean breast of it to two unimportant persons, who could not help them in any manner. I am inclined to agree with this submission and feel that the petitioners case is covered by subsection (2) of section 497, Cr. P. C. As such they are granted bail in the sum of Rs. 10,000 (Rupees ten thousand) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Layallpur.

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